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Drunk In Public Charge - Worth the Fight?
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Drunk In Public Charge - Worth the Fight? - January 13, 2015, 07:26 PM

Need some advice for a friend.


Said friend was at a bar in FFX drinking, three different fights break out in the bar within a few seconds of each other, where said friend was involved and may have been an aggressor in one of them. Bouncer grabbed friend and took him outside where police was already waiting, police arrests friend and charges them with a Drunk in Public - because they couldn't figure out what really happened with the fight etc. Spent the night in jail and was released in the morning. I believe the fine was $25 bucks, and a 100 bucks for court fees.


I know this is a relatively small charge and is very broad in terms of what constitutes being Drunk in public. But this friend has a clearance and would rather fight it and have it dropped than just pay a fine.

Any advice? Any good lawyers that can tackle this stuff?
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January 13, 2015, 07:36 PM

Fight it. This puts his clearance at risk. Even if he didn't he should fight the charge. It could get reduced. Convictions in VA can't get expunged, it's with him for life.

Did he submit to take a breathalyzer test?
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January 13, 2015, 07:39 PM

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Originally Posted by CCS762ZX6 View Post
Fight it. This puts his clearance at risk. Even if he didn't he should fight the charge. It could get reduced. Convictions in VA can't get expunged, it's with him for life.

Did he submit to take a breathalyzer test?
This. Unless he doesn't care about clearances. Even applying for a job that contracts thru a gov agency in the future, a minor issue can come up over 20 YEARS LATER and can be a headache. Truth.


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January 13, 2015, 08:39 PM

My Father was arrested for Petty Theft in NYC when he was 17. It came up during his TS / SCI although the records were supposed to be sealed and the event took place 30 years earlier.

Fight it.



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January 13, 2015, 08:48 PM

Quote:
Originally Posted by coolkhas View Post
Need some advice for a friend.


Said friend was at a bar in FFX drinking, three different fights break out in the bar within a few seconds of each other, where said friend was involved and may have been an aggressor in one of them. Bouncer grabbed friend and took him outside where police was already waiting, police arrests friend and charges them with a Drunk in Public - because they couldn't figure out what really happened with the fight etc. Spent the night in jail and was released in the morning. I believe the fine was $25 bucks, and a 100 bucks for court fees.


I know this is a relatively small charge and is very broad in terms of what constitutes being Drunk in public. But this friend has a clearance and would rather fight it and have it dropped than just pay a fine.

Any advice? Any good lawyers that can tackle this stuff?

He was drinking right? DIP charge is nothing really. Drunk and disorderly is another story. Yes it can come up on investigations but you have to be honest and say this happened and list it on the paperwork anyway .Tell them what it really is, fight broke out cops took everyone in and gave them a ticket. It's a fine not a criminal charge, had it been drunk and disorderly then I would say fight it.


Yeah I am old enough to know better. Thing is, I just don't care.

Last edited by Slider; January 13, 2015 at 08:56 PM..
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January 13, 2015, 09:51 PM

Trust me, it's criminal. I have one on my record and it won't go away.

§ 18.2-388. Profane swearing and intoxication in public; penalty; transportation of public inebriates to detoxification center.

If any person profanely curses or swears or is intoxicated in public, whether such intoxication results from alcohol, narcotic drug or other intoxicant or drug of whatever nature, he shall be deemed guilty of a Class 4 misdemeanor.
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January 13, 2015, 09:54 PM

If its a 18.2-388 charge then it is a criminal charge; just a misdemeanor and not a felony charge.

I, personally (not intended as legal advice; I am not licensed in VA nor have I ever practiced law in VA), would want to fight any misdemeanors and anything more severe. Its probably worth a consultation with a VA attorney that specializes in minor crimes.
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January 14, 2015, 09:06 AM

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January 14, 2015, 10:00 AM

The following is not legal advice, it's personal experience:

The charge is going to show up on a background check for a security clearance even if it's dismissed. It may or may not be a game changer - it depends on a host of other personal factors including whoever happens to be reviewing the security clearance application. (I'll refrain from a personal rant here about the less than useless nature of dinging someone for a minor past transgression where the only thing that separates them from 95% of the population is that cops got involved...)

The good news is the charge can be expunged in VA if they don't plead guilty,or the charge is dismissed. It's not a given that it will be expunged, but it can be done.

I had two charges expunged from my record in VA. It took hiring a lawyer, the cooperation of the prosecutor, a valid reason for having the record expunged (employment requirements), and a judge willing to accept the prosecutors support that the record be expunged. In other words it was a PITA and expensive but I got it done.


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January 14, 2015, 10:27 AM

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January 14, 2015, 10:29 AM

ALWAYS FIGHT A CHARGE.


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January 14, 2015, 11:52 AM

Quote:
Originally Posted by CCS762ZX6 View Post
Trust me, it's criminal. I have one on my record and it won't go away.

§ 18.2-388. Profane swearing and intoxication in public; penalty; transportation of public inebriates to detoxification center.

If any person profanely curses or swears or is intoxicated in public, whether such intoxication results from alcohol, narcotic drug or other intoxicant or drug of whatever nature, he shall be deemed guilty of a Class 4 misdemeanor.




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January 14, 2015, 12:01 PM

yo I did my time for that DIP. I AINT NEVER GOIN BACK!!!
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January 14, 2015, 12:07 PM

Oh yeah and in regards to lawyers, Shawn Stout | Woolley Stout PLLC

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January 14, 2015, 12:40 PM

Thank you all! Appreciate it
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